Loading...
HomeMy WebLinkAbout05-5506STACEY L. LEVAN, Plaintiff V. LARRY E. LEVAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005- 5't?C CIVIL TERM CIVIL ACTION-LAW CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Stacey L. Levan, an adult individual of 808 Shuler Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Larry E. Levan, an adult individual residing at 4105 Sears Run Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff seeks primary custody of the following children: Name Present Residence Age Lilyan Kay Levan alternate weeks with parents DOB 8/15/96 9 Lila May Levan DOB 7/20/02 3 The children were born while the parties were married. The children are presently in the custody of the plaintiff one week and the defendant the following week. During the past five years, the children have resided with the following persons and at the following addresses: A. With both parents at 4105 Sears Run Drive, Mechanicsburg, PA until June, 2004. B. Plaintiff established her separate residence in June, 2004. The mother of the children is Stacey L. Levan. She is married and separated. The father of the child is Larry E. Levan. He is married and separated. 4. The relationship of plaintiff to the children is that of natural mother. The plaintiff currently resides with the children. 5. The relationship of defendant to the children is that of natural father. The defendant currently resides with the children. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: A. The mother has worked with the father to share custody of the children. The girls, especially Lilyan, have expressed that they wish to be in the primary care of their mother. The children become very upset when the time comes for them to go to their father's home. B. The father has problems with alcohol. He has two D.U.I. convictions and the children have reported that he is drinking during the time they are with him. WHEREFORE, Plaintiff mother, Stacey L. Levan, believes that the health and welfare of her daughters, Lilyan Kay Levan and Lila May Levan, ages nine and three, will be better promoted by her having primary custody of the children. Respectfully submitted, O'BRIEN, BARIC & SCHERER By: Robert L. O'Brien, Esquire Attorney for Plaintiff I.D. # 28351 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 rlo\Domestic\Levan\custody. com p Aft STACEY L. LEVAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005- - 5G b CIVIL TERM LARRY E. LEVAN, CIVIL ACTION-LAW Defendant CUSTODY VERIFICATION I verify that the statements made in the foregoing Custody Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. ST EY L. LEVAN STACEY L. LEVAN, Plaintiff V. LARRY E. LEVAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005- 6'5-OU CIVIL TERM CIVIL ACTION-LAW CUSTODY CERTIFICATE OF SERVICE I hereby certify that on October 21, 2005, I, Robert L. O'Brien, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Custody Complaint, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Larry E. Levan 4105 Sears Run Drive Mechanicsburg, Pennsylvania 17050 ?D,6 -?-- Robert L. O'Brien, Esquire U? c Q_ t,3ti r?- STACEY L. LEVAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF' CUMBERLAND COUNTY, PENNSYLVANIA V. LARRY E. LEVAN DFFIiNDANT 05-5506 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, October 26, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. the conciliator at MDJ Manlove's, 1901 State St., Camp Hill, PA 17011 on Friday, December 02, 2005 at 9:00 AM fora Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve (lie issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference maa provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: _ /s/ Melissa P. Greevy Es_ 4f -/- Custody Conciliator The Court of Cormnon Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD "I AKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR "TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE; YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsyhania 17013 Telephone (717) 249-3166 ?7 ?Sjz"?i7/ ?yz? ? ? ?J ?7 8?° J/ ? 0 CT A 2005 L13Y: STACEY L. LEVAN, IN THE COURT OF COMMON LEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005- CIVIL TERM LARRY E. LEVAN, CIVIL ACTION-LAW Defendant CUSTODY ORDER OF COURT AND NOW THIS _ day of , 2005, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the _ day of 2005 at A.M./P.M., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. BY THE COURT, BY Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OF CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle. PA 17013 (717) 249-3166 u. M !_ STACEY L. LEVAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA V. NO. 2005- '-5W, CIVIL TERM LARRY E. LEVAN, CIVIL ACTION-LAW Defendant CUSTODY COMPLAINT FOR CUSTODY 1. Plaintiff is Stacey L. Levan, an adult individual of 808 Shuler Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Larry E. Levan, an adult individual residing at 4105 Sears Run Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff seeks primary custody of the following children: Name Present Residence Age Lilyan Kay Levan alternate weeks with parents DOB 8/15/96 9 Lila May Levan DOB 7/20/02 3 The children were born while the parties were married. The children are presently in the custody of the plaintiff one week and the defendant the following week. During the past five years, the children have resided with the following persons and at the following addresses: A. With both parents at 4105 Sears Run Drive, Mechanicsburg, PA until June, 2004. B. Plaintiff established her separate residence in June, 2004. The mother of the children is Stacey L. Levan. She is married and separated. The father of the child is Larry E. Levan. He is married and separated. 4. The relationship of plaintiff to the children is that of natural mother. The plaintiff currently resides with the children. 5. The relationship of defendant to the children is that of natural father. The defendant currently resides with the children. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: A. The mother has worked with the father to share custody of the children. The girls, especially Lilyan, have expressed that they wish to be in the primary care of their mother. The children become very upset when the time comes for them to go to their father's home. B. The father has problems with alcohol. He has two D.U.I. convictions and the children have reported that he is drinking during the time they are with him. WHEREFORE, Plaintiff mother, Stacey L. Levan, believes that the health and welfare of her daughters, Lilyan Kay Levan and Lila May Levan, ages nine and three, will be better promoted by her having primary custody of the children. Respectfully submitted, O'BRIEN, BARIC & SCHERER By:? C 7?t P ?- Robert L. O'Brien, Esquire Attorney for Plaintiff I. D. # 28351 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dolDomesti clLevan\custody. comp 4 i. STACEY L. LEVAN, ? Plaintiff V. LARRY E. LEVAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005- X50 (o CIVIL TERM CIVIL ACTION-LAW CUSTODY VERIFICATION I verify that the statements made in the foregoing Custody Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Aw iLa"m, ST EY L. LEVAN J1 STACEY L. LEVAN, Plaintiff V. LARRY E. LEVAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005- 5SU(n CIVIL TERM Defendant CIVIL ACTION-LAW CUSTODY CERTIFICATE OF SERVICE I hereby certify that on October 21, 2005, I, Robert L. O'Brien, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Custody Complaint, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Larry E. Levan 4105 Sears Run Drive Mechanicsburg, Pennsylvania 17050 Robert L. O'Brien, Esquire L 1(75 3 r. ?' t Law Offices O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle, Pennsylvania 17013 Robert L. O'Brien David A. Baric Michael A. Scherer RECEIVED O C T 2 4 2005 BY: (717) 249-6873 Fax (717) 249-5755 E-mail: obs@obslaw.com Aaron D. Jones Z l I STACEY L. LEVAN, Plaintiff DEC 0 9 2005 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5506 CIVIL TERM V. LARRY E. LEVAN, CIVIL ACTION - LAW Defendant IN CUSTODY ORDER OF COURT AND NOW, this _ day of December, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parents, Stacey L. Levan and Larry E. Levan, shall have shared legal custody of the minor children, Lilyan Kay Levan, born August 15, 1996 and Lila May Levan, born July 20, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. A. Effective December 2, 2005, Father shall have custody on alternating weekends from Friday, before school until Monday, after school. B. Father shall have custody each Tuesday, Wednesday and Thursday morning until 7:30 p.m. C. When Father does not have custody, Mother shall have custody. 3. Extra-Curricular Activities. Each parent will be responsible to take the children to their extra-curricular activities during their custodial periods. N., 4. Christmas Holiday. The parties will share time at the Christmas holidays by mutual agreement. ''?.J tt 1 NO. 05-5506 CIVIL TERM 5. Therapeutic Counseling. A. The parties will participate in therapeutic family counseling to address emotional distress that the older child is experiencing and to address concerns regarding her behavior related to school performance, getting her homework done, stealing and lying. Mother will contact a therapist on her preferred provider list no later than December 7, 2005 to begin scheduling appointments. The unreimbursed cost of the therapeutic counseling expenses shall be shared pro rata in accordance with the parties' present Domestic Relations Order. B. The decision of when to return to the status quo week on/week off, custodial schedule will be a clinical decision made by recommendation of the parties' therapist. BY THE COURT: J. Dist: O'Brien, Esquire, 17 W. South Street, Carlisle, PA 17013 lissa Van Eck, Esquire, 7800-A Allentown Blvd., Suite B, Harrisburg, PA 17112 STACEY L. LEVAN, Plaintiff V. LARRY E. LEVAN, Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: DEC 0 9 1005 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 05-5506 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Lilyan Kay Levan Lila May Levan August 15, 1996 July 20, 2002 Mother Mother 2. A Custody Conciliation Conference was held on December 2, 2005 in response to Mother filing a Complaint for Custody on October 21, 2005. Present for the Conference were: the Father, Larry E. Levan, and his counsel, Melissa Van Eck, Esquire; the Mother, Stacey L. Levan, and her counsel, Robert L. O'Brien, Esquire. 3. The parties agreed to an interim schedule of custody and a period of therapeutic family counseling. The parties further agreed that the decision to return the schedule to the prior alternating week arrangement would be made by the therapist. 4. Mother's position on custody is as follows: The children want to be in her primary physical custody. She believes that Father has been drinking during his periods of custody. Mother claims that the oldest child is very unhappy about staying overnight at her Father's house during the school week. Mother reports that the child does not have a problem staying overnight with Father on weekends. Mother reports that the child complains that the Father yells at her a lot about her homework. Mother further complains that Father has not been cooperative in taking the girls to their cheerleading practice and competitions. Mother is employed 7:00 a.m. to 3:00 p.m. Monday through Friday at the Claremont Nursing Home. On alternating weekends, when the Father has custody of the girls, she works from 6:00 a.m. to 2:00 p.m. This gives her days off on alternating Fridays and alternating Tuesdays. Beginning some time in October 2005, Mother decided to discontinue her cooperation with the week on/week off schedule that the parties had been following since about June 2004. NO. 05-5506 CIVIL TERM 4. Father's position on custody is as follows: Father works for Fry Communications in Mechanicsburg on a seven day on/seven day off schedule. He acknowledges two (2) DUI's, one fourteen years ago (14) and one eight (8) years ago, when the parties were still married. Father claims that he no longer drinks in the presence of the children. Father is dissatisfied with this schedule and wants to return to an equally shared physical custody plan. At present, he sees the situation as being one where he is allowed to see the children at Mother's whim. Father is concerned that the oldest child has already had two (2) notices regarding failure to turn in homework this school year. He is concerned that Mother doesn't place enough importance on homework. Father also pointed out that the oldest child had a suspension last academic year for incidents at school involving stealing and lying. Father indicated that he will now agree to take the children to cheerleading practice during his custodial time and to competitions which may occur. One of the reasons that Father objects to the children not staying overnight with him during his custodial week is that the children have to get up two hours earlier to go to school if they are at Mother's house than they do if they are at his house on his days off. 5. The parties have agreed to participate in therapeutic family counseling. In particular, the conciliator is concerned about the older child's adjustment as indicated by her difficulties with school, getting her homework done and behavioral difficulties resulting in a suspension in the 2004-2005 academic year. The child also failed science in the first marking period this year. Accordingly, the conciliator recommended, and the parties agreed, to begin therapeutic family counseling, in particular focusing on the needs of this 9 year old child and how they can be helpful as parents. Whatever the custodial schedule may be, the child needs her parents to be unified in their 4Uroach to dealing with the serious behavior and academic issues that have aris n in tl s?child's life. Date Melissa Peel Greevy, Esquire Custody Conciliator ctc264486 STACEY L. LEVAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 05-5506 LARRY E. LEVAN, Defendant CIVIL ACTION - CUSTODY PETITION TO MODIFY CUSTODY ORDER The Petition to Modify Custody Order of Larry E. Levan, by and through his counsel, Van Eck & Van Eck, P.C. for shared physical custody of Lilyan Kay Levan and Lily May Levan is as follows: 1. Petitioner is Larry E. Levan ("Petitioner") who currently resides at 4105 Sears Run, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Respondent is Stacey L. Levan ("Respondent") whose last known address is 808 Shuler Street, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The children who are the subject of this proceeding are Lilyan Kay Levan, age ten (10) years old, born to the Petitioner and Respondent on August 15, 1995, and Lily May Levan, age four (4) years old, born to the Petitioner and Respondent on July 20, 2002. 4. On December 13, 2005, an Order was entered granting primary physical custody to Respondent. The Order further ordered the parties to participate in therapeutic family counseling upon which the parties' therapist would decide when the status quo week on/week off custodial arrangement was to recommence. A true and correct copy of this Order is attached hereto and incorporated herein as Exhibit "A". 5. Petitioner believes and therefore avers that the best interest of the minor children will be served by granting him shared physical custody because he can provide a stable, safe, and secure environment and can provide for the childrens' emotional, psychological and spiritual needs. 6. Pursuant to the Order of December 13, 2005, Petitioner and Respondent have attended two (2) therapeutic family counseling sessions. 7. After the second counseling session, the parties' therapist recommended the return of week on/week off custodial schedule. 8. The parties have followed the week on/week off custodial schedule since May of 2006. 9. The weekend of September 16, 2006, the Respondent visited Petitioner's home whereupon she created a scene and informed Petitioner that she would no longer follow the recommendation of the therapist because the week on/week off custodial schedule was not a term in the Custody Order dated December 13, 2005. 10. Petitioner requests an Order modifying custody of the minor children such that Petitioner and Respondent have shared legal custody of the minor children. WHEREFORE, Larry E. Levan, respectfully requests this Honorable Court to grant him shared physical custody of the children, Lilyan Kay Levan and Lila May Levan, pending the regular Custody Conciliation procedure and such other Orders as are deemed just and proper. Respectfully submitted, Date: I () A l 0 Lo' VAN ECK & VAN ECK, P.C. Melissa L. Van Eck, Esquire Attorney ID No.: 85869 7810 Allentown Blvd. Suite B. Harrisburg, PA 17112 (717)540-5406 VERIFICATION I, Larry E. Levan verify that the statements made in the foregoing Petition to Modify Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: Sip a?2 Z7, 2006 Larry E. Levan EXHIBIT "A" i DEC 0 9 2005 STACEY L. LEVAN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 05-5506 CIVIL TERM V. CIVIL ACTION - LAW LARRY E. LEVAN, Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of December, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: 1. Legal Custody. The parents, Stacey L. Levan and Larry E. Levan, shall have shared legal custody of the minor children, Lilyan Kay Levan, born August 15, 1996 and Lila May Levan, born July 20, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. A. Effective December 2, 2005, Father shall have custody on alternating weekends from Friday, before school until Monday, after school. B. Father shall have custody each Tuesday, Wednesday and Thursday morning until 7:30 p.m. C. When Father does not have custody, Mother shall have custody. 3. Extra-Curricular Activities. Each parent will be responsible to take the children to their extra-curricular activities during their custodial periods. 4. Christmas Holiday. The parties will share time at the Christmas holidays by mutual agreement. a , NO. 05-5506 CIVIL TERM 5. Therapeutic Counseling. A. The parties will participate in therapeutic family counseling to address emotional distress that the older child is experiencing and to address concerns regarding her behavior related to school performance, getting her homework done, stealing and lying. Mother will contact a therapist on her preferred provider list no later than December 7, 2005 to begin scheduling appointments. The unreimbursed cost of the therapeutic counseling expenses shall be shared pro rata in accordance with the parties' present Domestic Relations Order. B. The decision of when to return to the status quo week on/week off, custodial schedule will be a clinical decision made by recommendation of the parties' therapist. BY THE COUR J. Dist: Robert L. O'Brien, Esquire, 17 W. South Street, Carlisle, PA 17013 Melissa Van Eck, Esquire, 7800-A Allentown Blvd., Suite B, Harrisburg, PA 17112 ¢rnt?{af 5$ u it orotry fJ -64-4. ? c ? o STACEY L. LEVAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-5506 CIVIL ACTION LAW LARRY E. LEVAN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, October 12, 2006 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, at MDJ Manlove, 1901 State St., Camp Hill, PA 17011 on Friday, November 17, 2006 at 12:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Melissa P. Gree Es q. 41 IAJ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 C I :C '!,J L I '10 00Z Pi :iC) STACEY L. LEVAN, Plaintiff V. LARRY E. LEVAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-5506 CIVIL TERM CIVIL ACTION-LAW CUSTODY PRAECIPE FOR WITHDRAWAL OF COUNSEL AND APPEARANCE OF COUNSEL TO THE PROTHONOTARY: Please note my withdrawal as counsel for the Plaintiff in the above-captioned matter. Dated: November ?2_, 2006 BY: tz?, Robert L. O'Brien, Esquire O'Brien, Baric & Scherer I.D. No. 203418 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Kindly enter my appearance on behalf the Plaintiff in the above-captioned matter. Dated: November 7 , 2006 BY: / RobertJ. Da Rey, Esquire O'Brien, Baric & Scherer I.D. No. 203418 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 C?S ? C_? f` ?? ? ?? ?? i.v -, ??. ? - ?.? -' `f`` r?°? ? ?. ...: ? ?, STACEY L. LEVAN, Plaintiff V. LARRY E. LEVAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-5506 CIVIL TERM : CIVIL ACTION-LAW CUSTODY CERTIFICATE OF SERVICE I hereby certify that on November 7 , 2006, I, Robert J. Dailey, Esquire, of O'Brien, Baric and Scherer, did serve a copy of the Praecipe For Withdrawal Of Counsel and Appearance Of Counsel, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Melissa L. Van Eck, Esquire Van Eck & Van Eck, P.C. Attorneys at Law P.O. Box 6662 7810 Allentown Boulevard, Suite B Harrisburg, Pennsylvania 17112 Robert Dailey,,E uire ' 1 CF _ ril rya y NOV 3 p 2006 STACY L. LEVAN, Plaintiff V. LARRY E. LEVAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5506 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this day of 0 C , 2006, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: The Order VACATES and replaces the Order of December 13, 2005. 2. Legal Custody. The parents, Stacy L. Levan and Larry E. Levan, shall have shared legal custody of their minor children, Lilyan Kay Levan, born August 15, 1996, and Lily May Levan, born July 20, 2002. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of 23 Pa. C. S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to, medical, dental, religious or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. All decisions affecting the children's growth and development including, but not limited to, choice of camp, if any; choice of child care provider; medical and dental treatment; psychotherapy, or like treatment; decisions relating to actual or potential litigation involving the children directly or as a beneficiary, other than custody litigation; education, both secular and religious; scholastic athletic pursuits and other extracurricular activities; shall be considered major decisions and shall be made with the parents jointly, after discussion and consultation with each other and with a view toward obtaining and following a harmonious policy in the children's best interest. 3. Physical Custody. A. Effective November 20, 2006, the parties will return to an equally-shared physical custody schedule commencing with Mother having custody at 6:30 p.m. on November 20, 2006 continuously until Father assumes physical kV l NO. 05-5506 CIVIL TERM custody the following week, on November 27, 2006 at 6:30 p.m. The parents will continue to alternate custody each week on Sundays at 6:30 p.m. B. Father will have custody from November 17, 2006 through November 20, 2006. 4. Extra-curricular activities. Each parent will be responsible to take the children to their extra-curricular activities during their custodial period. 5. Lilyan will be available by telephone at 8:00 p.m. on Tuesdays, Thursdays and Sundays without regard to whose home she is residing on those evenings. 6. Transportation. The parent relinquishing custody shall provide transportation incident to the custodial exchange. 7. Holidays. The following holiday schedule supercedes the regular schedule: A. Thanksgiving. Each year Father will have custody from 9:00 a.m. until 3:00 p.m. on Thanksgiving Day and Mother will have custody from 3:00 p.m. until 9:00 p.m, on Thanksgiving Day. B. Christmas. As a result of the parties' present work schedules, Mother shall have custody from Christmas Eve until Christmas Day at 10:30 a.m. each year. Father will have custody from Christmas Day at 10:30 a.m. until 4:30 p.m. each year. 8. Vacations. The parties shall only take vacations during their respective custodial weeks. Extensions of time shall be reciprocally granted to the party who may request an extension of time. Prior to departing, the parties will provide each other with a telephone number and location where they can be reached during the vacation time. 9. The parties shall resume therapeutic family counseling and shall share in the expense of this counseling on a pro-rata basis in accordance with their respective net incomes. 10. It is noted that the parties reside in the same school district and that the parties' oldest child will enter middle school next academic year. The rights of both parents to have hearing on the issue of which middle school within their school district the oldest child shall attend, is preserved. NO. 05-5506 CIVIL TERM BY THE COURT: J. Wesley Ole' Jr. Dist: Melissa Van Eck, Esquire, 7810 Allentown Blvd., Ste B, Harrisburg, PA 17112 Robert J. Dailey, Esquire, 19 W. South Street, Carlisle, PA 17013 STACY L. LEVAN, Plaintiff V. LARRY E. LEVAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5506 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Lilyan Kay Levan August 15, 1995 Mother Lily May Levan July 20, 2002 Mother 2. Father filed a Petition to Modify Custody Order on October 5, 2006. The Custody Conciliation Conference was scheduled for November 17, 2006. Present for the conference were: the Mother, Stacy L. Levan, and her counsel, Robert J. Dailey, Esquire; the Father, Larry E. Levan, and his counsel, Melissa Van Eck, Esquire. 3. The parties reached an agreement in the form of an Order as attached. Date Melissa Peel Greevy, E quire Custody Conciliator :287545 E 1 STACEY L. RUCKER, IN THE COURT OF COMMON PLEAS OF f/k/a Stacey L. Levan CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 2005-5506 CIVIL TERM LARRY E. LEVAN, CIVIL ACTION -LAW Defendant IN CUSTODY Substitution of Counsel / Change in Address Without Leave of Court (Rule 1012(b)(2)(ii)) Praecipe for Entry of Appearance To the Prothonotary: Please enter my appearance on behalf of Stacey L. Rucker, Plaintiff. I hereby certify that this change is not intended to, nor will it, delay this proceeding to the best of my knowledge, information and belief. Papers may be served at the address set forth below: Robert J. Dailey, Esquire I.D. No. 203418 Gerber & Associates 46 East Main Street Palmyra, PA 17078 Phone (717) 838-5411 Fax (717) 838-3047 rdailey gerberlawoffice.com Date: 29'h of August, 2008 Kobert j. ualtey Praecipe for Withdrawal of Appearance To the Prothonotary: Please withdrawal my appearance on behalf of Stacey L. Rucker, Plaintiff. Date: 29'h of August, 2008 t N CERTIFICATE OF SERVICE I hereby certify that on the day of .. 31APAhk , 2008, I, Andrea M. Barrick, of O'Brien, Baric & Scherer, did serve a copy of the Substitution of Counsel/Change of Address Without Leave of Court (Rule 1012(b)(2)(ii)), by first class U.S. mail, postage prepaid, to the party listed below, as follows: Larry E. Levan 4105 Sears Run Mechanicsburg, Pennsylvania 17050 Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle, Pennsylvania 17013 AndrnMBaarrrrickk ? _'_? ?, ?? rt ?--? _? ,?? + ? ?: .. 3 {' ? ` ? "t l ::. -- }::t t ? C'+ ?::;d C:?